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BATTERED
WOMEN
BTATE OOCUMEffTS COL
JUN2 2 198I
MONTANA STATE LSi
1515 E. 6th AVi
ELENA. MONTANA
ECT»ON
RARY
19620
MONTANA STATE LIBRARY
S 362.83 S26b 1982 c.1
Banered women :rights and options in Mo
3 0864 00044159 5
STATE OF MONTANA
TED SCHWINDEN, Governor
DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES
JOHN LA FAVER, Director
COMMUNITY SERVICES DIVISION
NORMA VESTRE, Administrator
MANAGEMENT OPERATIONS BUREAU
BOYCE FOWLER, Program Manager
MONTANA DEPARTMENT OF SOCIAL AND
REHABILITATION SERVICES
MANAGEMENT OPERATIONS BUREAU
R O. Box 4210
Helena, Montana 59604
Dear Reader,
This booklet is yours to use as an aid — to give you information to help you make the
choices you need to make.
There are other alternatives that may be more helpful to you. Counseling for you and
your mate are good choices for many women. Try to understand all of your options and
where you can go for help.
Battered women encounter a series of obstacles when they pursue legal alternatives
available through the courts and justice system. Such barriers include:
• lack of information
• the wrong information or myths
• "the runaround"
• time involved in getting through a case
• traditional lack of womens civil and legal rights
• high priced attorneys
All these result in frustration and anger, and a feeling of helplessness. Since helpless-
ness is what keeps battered women in a battering relationship and from pursuing legal
alternatives, we want to do all we can to get rid of it, and to get through this difficult
time to a safer life.
Every attempt was made to assure accuracy of the information in the booklet.
Sometimes, however, you may encounter shghtly different opinions re: the legal infor-
mation, or other interpretations. Please do not despair, but ASK QUESTIONS or seek
assistance from advocates available through battered women's programs or shelters.
This booklet was written for you, to help you and to end some of your confusion.
Remember: YOU ARE NOT ALONE.
First printing of 300 copies (1979) made possible in part by a grant to Helena Women's Center
from the Montana Board of Crime Control in conjunction with a workshop on battering October
26, 1979.
Second printing of 300 copies (1980) made possible by a grant to the Helena Women's Center
Battered Woman's Program from the Montana Department of Social and Rehabilitation Services.
Third and revised printing of 3,000 copies made possible by the Domestic Violence Grant
program, administered by the Department of Social and Rehabilitation Services, from funds
appropriated by the 47th Montana Legislature.
PLACES TO CALL
IF YOU ARE A VICTIM OF BATTERING
Women's Resource Centers and Crisis Lines (Women — or sometimes men — who
are experienced in crisis intervention will answer your call)
Battered Spouse Support Line (24 hr.)
Rape Task Force (24 hr.)
YWCA Women's Center
24 hour crisis line
Helpline (emergencies)
Safe Space (Shelter— 24 hr. line)
Ext 224 Crisis Line (24 hr.)
Crisis Line— Triangle Transition (24 hr.)
Women's Resource Center (24 hr.)
Mental Health Line for Spouse Abuse
Crisis Line (24 hr.)
24 hr. Crisis Line or direct referral to
MERCY HOME, the shelter
Mental Health
Chester Sherrif's Office— CaU CoUect
Women's Center Crisis Line (24 hr.)
Friendship Center (24 hr.)
Rape Crisis Line (24 hr.)
Women's Center of Flathead Valley (8-5 p.m.)
Spouse Abuse Emergency Services (SAVES)
Fergus Ct. Welfare for Information & Referral
Lincoln Ct. Womens Help Line (24 hr. — resi-
dents of Eureka and TVoy, Call Collect)
Mental Health 24 hr. Crisis Line
Crisis Line (24 hr. & referral to YWCA Battered
Women & Children's Shelter)
YWCA
Women's Place — 24 hr. Advocacy
Women's Resource Center —
University of Montana
Victim to Victim Support — Rape Counseling
Family Crisis Center
Crisis Line — Triangle Transition
24 hr. Crisis Line/Information
Information & Referral (Monday thru Friday,
8-5 only)
Jefferson Ct. Spouse Abuse Program
Billings
259-8100
259-6506
245-6879
Bozeman
586-4111
586-3333
Butte
782-8511
723-8262 Ext:
Conrad
278-7542
DiUon
683-4817
Glasgow
228-9349
Glendive
365-2412
Great Falls
453-6511
761-2100
Hi Line area (serves
759-5170
Hill, Liberty, and
Blaine Qs)
Helena
443-5353
442-6800
KalispeU
755-5067
755-5222
Lewistown
911 Emergency
538-7468
Libby
293-3223
Miles City
232-1688
Missoula
543-8277
543-6691
543-7606
243-4153
549-2064
Ronan
676-2770
Shelby
434-5504
1\vin Bridges
684-5400
Whitehall
287-3282
287-5440
Montana Legal Services Association (may take your case if you have low income or
may refer you; however, Legal Services will not help you obtain a temporary restraining
order unless a divorce is involved. Neither will Legal Services assist with a divorce unless
you have children, either from a previous marriage or the present.)
Billings 248-7113 Helena 442-9830
Browning 338-7623 Kalispell 755-9660
Butte 723-4612 Missoula 543-8343
Cut Bank 873-2704 Warm Springs 693-2221
Great Falls 453-6589 Wolf Point 653-1405
Havre 265-9314
County Attorney — Handles criminal cases ONLY. His office does not file divorces,
or assist in custody actions, though he may become involved if there is abuse or neglect
of children of custodial interference. His office will not assist in obtaining temporary
restraining orders (TRO) — they must be obtained with the use of a private attorney.
The role of the county attorney is to prosecute crime and criminals. The office will be
involved if criminal charges are filed for assault.
Police/Sheriff — If you Uve within a city or town, call the city police or town
marshall's office. If you live outside of a city or town, call the county sheriff's office.
The proper telephone number can be found in the telephone book under the name of
the city, town, or county.
Montana Mental Health Centers (general counseling on a sliding fee basis)
Anaconda
563-3413
Havre
265-9639
Big Timber
932-2608
Helena
442-0640
Billings
252-5658
Kalispell
755-6262or 755-5300
Bozeman
586-5493
Livingston
222-3332
Bridger
662-3469
Libby
293-6513
Butte
723-5489
Lewistown
538-7483
Chester
759-5410
Malta
654-1599
Chinook
357-3364
Miles City
232-1687
Choteau
466-5681
Missoula
543-5177
Columbus
322-5834
Plentywood
765-2550
Conrad
278-3205
Red Lodge
446-2500
Colstrip
748-3600
Ronan
676-8500
Dillon
683-2200
Roundup
323-1142
Forsyth
356-7654
Scobey
487-5442
Glasgow
228-9349
Shelby
434-5285
Glendive
365-2922
Sidney
482-4635
Great Falls
761-2100
Superior
822-4093
Hamilton
363-1051
Thompson Falls
827-3641
Hardin
665-1049
Wolf Point
653-1872
Harlowton
632-4508
County Welfare Department Directory (Information & Referral; possible financial
resource for women & children; offers counseling particularly for the protection of
children)
County
County SeatTelephone No.
County
County SeatTelephone No.
Beaverhead
Dillon
683-2142
Meagher
White Sul. Spr.
547-3752
Big Horn
Hardin
665-1907
Mineral
Superior
822-4551
Blaine
Chinook
357-2276
Missoula
Missoula
721-5700
Broadwater
Townsend
266-3447
Musselshell
Roundup
323-2101
Carbon
Red Lodge
446-1302
Park
Livingston
222-6120
Carter
Ekalaka
775-8751
Petroleum
Winnett
429-5311
Cascade
Great Falls
761-6605
Phillips
Malta
654-2252
Chouteau
Fort Benton
622-5432
Pondera
Conrad
278-5222
Custer
Miles City
232-1247
Powder River
Broadus
436-2621
Daniels
Scobey
487-2721
Powell
Deer Lodge
846-3680
Dawson
Glendive
365-4314
Prairie
Terry
637-5570
Deer Lodge
Anaconda
563-3448
Ravalli
Hamilton
363-1944
Fallon
Baker
778-3324
Richland
Sidney
482-2015
Fergus
Lewistown
538-7468
Roosevelt
Wolf Point
653-1512
Flathead
KalispeU
755-5300
Rosebud
Forsyth
356-2563
Gallatin
Bozeman
587-3193
Lame Deer
477-6251
Garfield
Jordan
557-2297
Sanders
Thompson Falls
827-3581
Glacier
Cut Bank
873-5534
Sheridan
Plentywood
765-1370
"NO MAIL"
Browning
338-5151
Silver Bow
Butte
782-2351
Golden Valley
Ryegate
568-2231
782-0436
Granite
Philipsburg
859-3671
723-6002
Hill
Havre
265-4348
723-6054
Jefferson
Boulder
225-3327
Stillwater
Columbus
322-5331
Judith Basin
Stanford
566-2461
Sweet Grass
Big Timber
932-2566
Lake
Poison
883-6211
Teton
Choteau
466-5721
Lewis & Clark
Helena
442-2020
Toole
Shelby
434-2371
Liberty
Chester
334-3841
Trccisure
Hysham
342-5547
Lincoln
Libby
293-7781
VaUey
Glasgow
228-2489
Eureka
296-2722
228-8281
Madison
Virginia City
843-5361
Wheatland
Harlowton
632-5611
McCone
Circle
485-3425
Wibaux
Wibaux
795-2403
Yellowstone
Billings
248-1691
AFTER THE VIOLENCE
Immediately after the violent encounter with your husband or boyfriend, you will
need to decide what course of action you want to take. Five options you may want to
consider are:
1 . Call the closest crisis line (see listings in front of booklet)
2. Leave the house immediately
3. Go to the hospital
4. Call the pohce
5. Seek professional counseling
In deciding what is best for you to do, you should consider how seriously you have
been injured, whether you are still in immediate danger of being attacked and whether
your children's safety is being threatened.
1 . Call The Local Crisis Line Or Women's Center (refer to list of hone numbers and
crisis lines in front of booklet) if any such service is available in your area. You
should contact them (it is possible that an answering service will receive and put
you through immediately to the crisis worker) and tell the person who answers
the phone exactly what has happened to you and where you are now. The center
may be able to give you moral support, emergency housing, information about
your legal rights and the names of other agencies which can be contacted for
further assistance. Ask crisis line worker if pictures can be taken of your injuries.
2. Leave the house immediately
If possible, try to take any important documents and available cash with you.
You should take your children unless it is impossible for you to do so. It is very
important to get your children with you immediately.
If you do not have transportation or any place to go and it is late at night, you
may want to stay in the house until morning and then leave immediately after
your husband goes out for the day.
If you leave the house without taking any possessions or papers, you may ask
the pohce to escort you to the house for the sole purpose of getting your personal
belongings.
If you know someone who is trustworthy and who will understand your situa-
tion, you may want to call him/her and ask for temporary housing or money for
a motel.
If you go to a friend's house, tell him/her exactly what happened and ask
them, if possible, to take pictures of your injuries.
3. Go To The Hospital
You might want to take a friend or a crisis line worker along for support when
you go to the hospital.
The hospital's emergency room is open all night and should not turn anyone
away due to lack of money. Ask hospital personnel about the Hill-Burton Act
which provides funds for people who cannot afford to pay. You might also
consider billing your husband or boyfriend for medical costs. The 1979 legisla-
ture passed a law giving a person the right to sue a spouse for medical damages.
Tell the doctor exactly what happened to you. It i& in your be^i iiitwiwo,.o .v^ ^w
conipieteiy lionest with the doctor concerning the source of your injuries.
The hospital should make a record of your injuries which can be used later in
court. Ask to have pictures taken of your injuries so you will have evidence if you
later decide to go to court.
4. CaUThePoUce
If you are afraid of further attack or are restrained from leaving the house, call
the poUce or sheriff's office and ask that they send an officer to assist you to leave
and protect you.
Do not expect the policeman/woman or sheriffs deputy to arbitrate argu-
ments, admonish or threaten your spouse, or arrest your spouse and take him
away on the spot.
At this point your physical safety and that of your children is paramount.
If you call the poUce, ask them to make a written report of the incident and be
prepared to cooperate in the prosecution of your spouse. There are not enough
pohce or sheriff's deputies, or time in the day, for them to aid in saving your
marriage. Continued calls for assistance over long periods of time without any
prosecution will eventually result in slow or no response and that will be the time
when you need it.
If the police or sheriff's deputies come to your house, ask them to stand by
while you pack a few things. They will understand this, but please remember they
will not settle disputes over ownership of property.
The pohce or sheriff's deputies will assist you in finding a place of refuge.
Within three (3) days of the incident, you should contact the police station or
sheriff's office and indicate that you wish to have criminal charges filed. Depend-
ing on the county and the particular department, you may be asked to make a
written statement, sign a complaint, or be asked to see the city or county attor-
ney. Please cooperate with the police or sheriff's office in this matter. You may
feel that they are unsympathetic or that you are being given the runaround, but
remember that many persons who wish to file complaints do not follow through
with the prosecution of those complaints.
If you are asked to see the county or city attorney, see that a copy of the police
report has been referred to that office or obtain a copy of the report and bring it
with you.
After a complaint is filed, a warrant of arrest is issued for the apprehension of
the person accused. The arrest may take some time — depending on the available
personnel and the difficulty of locating the accused. If there are further threats or
some particular reason for wishing an earUer arrest, please make the reasons
known.
5 . Professional Counseling
Call the closest mental health center. See Ustings in front of this booklet, or ask
your crisis Hne worker for the name of a local counselor sensitive to the problem
of domestic violence. Remember — It is up to you to seek help and support.
YOUR
CHOICES:
• Remain at home
• Call the nearest crisis line (see front page)
• File a report with the police -^don't prosecute
prosecute ^ trial ^fine
\
probation
• Go to the hospital for medical treatment
• Talk to and/or stay with friends or rela-
tives
• Consult your minister, priest, or rabbi
divorce
• See a lawyer ^ separation
^ annulment
• Call a helping agency (welfare, etc.) for
emergency food, housing, etc.
• Seek professional counseling
• See the front section for names & phone
numbers
• Please consider this: calling the police
may be the best way to get out of immedi-
ate danger.
PREPARING TO LEAVE
Many women who are in a physically abusive relationship find it difficult to leave the
home and end the relationship permanently. You may wish to seek advice and support
from a crisis line or counselor.
If you are mentally and emotionally unable to leave at this time, you can still protect
your own interests by doing certain things which will make it easier to leave, if neces-
sary, at a later time. Also remember that you may have to leave in order to get your
spouse/mate to seek help with his problem.
1 . Get originals or copies of important documents such as:
Birth certificates for yourself and your children
Prior divorce or custody papers
Your marriage license
The lease or deed to your house
Tax returns
Bank book(s)
Rent receipts or loan papers on the house
Telephone and utility bills
Medical and dental bills
Car registration
Credit cards
Insurance premiums
Many of these documents will be necessary in order for you to obtain free or inexpen-
sive legal services, housing, or public assistance from welfare. Written proof of your
income and expenses is particuarly important for getting your court fees waived. This
information may also be used by the court to compute your child support award, if one
is granted.
You should not feel guilty or uncomfortable about gathering family records. These
documents are yours as much as your husband's and you have every right to have a copy
of them.
2. If you are unemployed and taking care of your children, you may want to begin
thinking about your job skills and the possibility of day care for your children.
Check with friends, local job service, the newspaper and local women's center
(if any) about job possibilities.
Check your local county welfare department for information re: food stamps,
housing, day care, etc. (See directory in the front of this book.)
Ask your friends, social services and local schools about day care facilities in
the area.
3. Try to keep track of your family's income and expenses so that you will know if
your husband's paycheck, if any, is being used to pay for family needs and will
have a realistic idea of what it costs to run your household.
4. Try to get either a joint bank account or a bank account in your name. Once you
leave, do not put or leave money in a joint account. Put all money in an account
in your name only.
5. If you are thinking seriously about a divorce, do not "negotiate with your husband
regarding child support or property settlements before seeing an attorney. Nego-
tiations of this nature are not in your best interest and may result in useless
fighting between you and your husband.
If you need legal advice, ask a divorced friend, legal services (see listing in
front of this booklet), a local women's center, a local bar association or lawyer
referral service to recommend an attorney. Do not use your husband's attorney
or anyone recommended by your husband's attorney.
YOU ARE NOT POWERLESS OR LOCKED IN A BATTERING RELA-
TIONSHIP FOREVER BECAUSE YOU ARE PREPARING TO LEAVE AND
WILL BE READY TO SET OUT ON YOUR OWN AT THE RIGHT TIME.
YOUR CIVIL REMEDIES:
Fees — If you are low income or unemployed, you may be able to seek assistance at
Legal Services (see listings in front of booklet for phone numbers). If you don't qualify
for Legal Services, and have to obtain a lawyer on your own, the court can order your
husband to pay your court and legal fees if he is able to and you can't. An uncontested
divorce usually costs from $3(X)-$500. A contested divorce can cost much more.
Divorce — A divorce is now called a "dissolution of marriage" . It is a legal request to
end a marriage. You may file for a divorce immediately upon making Montana your
home. The divorce cannot be final until you have resided in Montana for 90 days. The
only grounds for divorce is that the marriage is "irretrievably broken". The two basic
guides to determining "irretrievable breakdown" are 1. that the parties have been
separated for 180 days prior to beginning divorce proceedings or 2. there is "a serious
marital discord adversely affecting the attitude of one or both of the parties towards
marriage".
Legal Separation — This is somewhat like a divorce, but there is no request to end the
marriage. It may be for an indefinite period of time. If you get a separation and later
want a divorce, you may need to pay separate legal fees. After a legal separation is
granted, you cannot get a divorce for six months. Both parties may be liable for
maintaining the household.
Annulment — This is a court decree that you were never married because your
marriage was invalid from the beginning. Some recognized grounds are that your
husband was married to someone else when he married you, that you were forced into
marriage against your will, or that you did not consent to the marriage because you
were under the influence of drugs or alcohol, or that you were mentally incapable of
consenting. In Montana, annulment is now called Declaration of Invalidity.
9
Formalities — You should have your husband's proper address and the length of time
he has been in Montana if he is a resident. You should know the date and place of your
marriage, the date when you and your husband separated, and the names, ages and
addresses of any living children of the marriage. You should have some idea of what
you want and what you need from your husband, for example, how much child support
or what property. There is no residency requirement for filing for assault. Once again,
you must live in Montana 90 days before the divorce is granted — not before filing such
an action.
Temporary Restraining Order (T.R.O.) — A temporary restraining order can be
granted by the District Court if "not granting one would cause immediate, irreparable
injury to the applicant". The TRO will set forth the reasons for it's issuance and be
specific in describing the acts to be restrained. A TRO will not expire in 10 days as some
people believe; however, there does need to be a hearing at some time to continue it.
Such an order might deter your husband or boyfriend from molesting or disturbing you
or destroying or taking any property.
A TRO can order your husband or boyfriend out of your home, but probably not out
of a house he co-owns or co-rents without a hearing.
If your husband or boyfriend is the kind of person who respects a Court order, a
TRO may offer you some protection. If he is not, commencement of a criminal action
may be what you need to do. Once under arrest, the Court can release him upon the
condition that he leave you and the children alone. If he fails to do so, he can be put in
jail.
If you need to keep your boyfriend away from your home, and you own or rent the
house, and he does not stay away, you can simply give him notice that he is not to come
to your house. If necessary, move his property out. Then call the police and tell them
that he is trespassing if he does come onto your property.
Commitment — You cannot commit a spouse to a mental hospital involuntarily. You
must contact the County Attorney's office to proceed with involuntary commitment
proceedings in District Court. It is the State of Montana which commits any person to
the mental hospital — not you as an individual. It is a difficult process.
CRIMINAL CHARGES:
If you have been assaulted by your spouse or boyfriend or various other criminal acts
have been committed, you should, as any other citizen, report this to the police or
sheriff's office. In the case of crimes by one spouse against the other, reporting crimes
and cooperating in their prosecution will help prevent the commission of further crimes
by the spouse against you or against some other person.
Reporting may also bring about forced rehabilitation, for example, the treatment of
alcoholism, which the person will not do voluntarily. Though conviction of a crime can
be punished by imprisionment or fine, most persons who are convicted are placed on
probation, required to seek treatment or counseling, and imprisioned only if they
continue to violate the laws. Sometimes the only way to bring a situation and its causes
to a head is for charges to be filed, however difficult that may be.
10
If you do report a crime agaJn?t j'ou by your spouse^ remember that you have only
reported a crime. The final decision whether or not criminal charges will be filed, what
kind of charges will be filed, and how far the prosecution will go is up to the prosecutor
hot to you. While the prosecuting attorney should, and will consider your wishes and
interests in these matters, you are not responsible for the charges being made nor can
you, of your own accord, have them dismissed. If pressure is brought upon you to
dismiss the charges, tell the person pressuring you that it is the prosecutor who dismisses
charges, not you, and inform the prosecutor of whom is pressuring you.
Please be honest and candid with the law enforcement officials and the prosecutor,
however embarrassing or intimate the matter may be. Do not omit matters to make
yourself look better or someone else look worse. The police, deputy sheriffs, and
prosecutors are not easily shocked and are quite familiar with people. They will be
unhappy, to say the least, if they find you have Ued or left out significant facts. Remem-
ber, you are not the first battered spouse they have seen, and you will, unfortunately,
not be the last.
Do not attempt to have charges filed so that your spouse will be arrested and spend
the night in jail. Do not attempt to have charges filed so that your spouse will be
arrested so that you may re-enter the house in his absence. Do not attempt to have
charges filed in the belief that it will help you in a dissolution proceeding or child
custody case. All of these have been attempted before; the prosecutors, police and
deputy sheriffs are wise to it, and someday you may really need their assistance. Always
remember the little bey who cried "WOLF" and the trouble that happened to him.
Remember you are not alone. The pohce, deputy sheriffs, and prosecutors are famil-
iar with various groups and agencies who can offer advice and counseling, and go with
you to court. Do not be afraid to ask questions and ask for help if you do not under-
stand or need assistance. Ask your local Women's Resource Center for support. They
will be willing to accompany you to court.
Below are some of the crimes committed by one spouse against another. They are
taken from the Montana Code Annotated (MCA). Please note that Montana does not
recognize spousal rape or spousal sexual assault unless the couple is separated:
Assault.
(1) A person commits the offense of assault if he:
(a) purposely or knowingly causes bodily injury to another;
(b) negligently causes bodily injury to another with a weapon;
(c) purposely or knowingly makes physical contact of an insulting or provok-
ing nature with any individual; or
(d) purposely or knowingly causes reasonable apprehension of bodily injury
in another. The purpose to cause reasonable apprehension of knowledge
that reasonable apprehension would be caused shall be presumed in any
case in which a person knowingly points a firearm at or in the direction of
another, whether or not the offender beheves the firearm to be loaded.
11
Aggravated Assault.
(1) A person commits the offense of aggravated assault if he purposely or know-
ingly causes:
(a) serious bodily injury to another;
(b) bodily injury to another with a weapon;
(c) reasonable apprehension of serious bodily injury in another by use of a
weapon; or
(d) bodily injury to a peace officer.
Sexual intercourse without consent.
(1) A person who knowingly has sexual intercourse without consent with a person
of the opposite sex not his spouse commits the offense of sexual intercourse
without consent.
NOTE: If you live apart from your spouse under a decree of separation or otherwise,
and he has sexual intercourse with you without your consent, he can be
charged with crime of Sexual Intercourse without Consent.
Sexual assault.
(1) A person who knowingly subjects another not his spouse to any sexual contact
without consent commits the offense of sexual assault.
Intimidation.
(1) A person commits the offense of intimidation when, with the purpose to cause
another to perform or to omit the performance of any act, he communicates to
another a threat to perform without lawful authority any of the following acts:
(a) inflict physical harm on the person threatened or any other person or on
property;
(b) subject any person to physical confinement or restraint;
(c) commit any criminal offense;
(d) accuse any person of an offense;
(e) expose any person to hatred, contempt, or ridicule; or
(0 take action as a public official against anyone or anything, withhold offi-
cial action, or cause such action or withholding.
(2) A person commits the offense of intimidation if he knowingly communicates a
threat or false report of a pending fire, explosion, or disaster which would
endanger life or property.
Criminal trespass to property.
( 1 ) A person commits the offense of criminal trespass to property if he knowingly:
(a) enters or remains unlawfully in an occupied structure; or
(b) enters or remains unlawfully in or upon the premises of another.
NOTE: A person enters or remains unlawfully in an occupied structure or premises
of another when he is not licensed, invited, or otherwise privileged to do so.
This would not apply if you are residing with your spouse, but it does apply
if you are living apart.
12
Theft.
(1) A person commits the offense of theft when he purposely or knowingly obtains
or exerts unauthorized control over property of the owner and:
(a) has the purpose of depriving the owner of the property;
(b) purposely or knowingly uses, conceals, or abandons the property in such
manner as to deprive the owner of the property; or
(c) uses, conceals, or abandons the property knowing such use, concealment,
or abandonment probably will deprive the owner of the property.
(2) A person commits the offense of theft when he purposely or knowingly obtains
by threat or deception control over property of the owner and:
(a) has the purpose of depriving the owner of the property;
(b) purposely or knowingly uses, conceals, or abandons the property in such
manner as to deprive the owner of the property; or
(c) uses, conceals, or abandons the property knowing such use, concealment,
or abandoimient probably will deprive the owner of the property.
(3) A person commits the offense of theft when he purposely or knowingly obtains
control over stolen property knowing the property to have been stolen by
another and:
(a) has the purpose of depriving the owner of the property;
(b) purposely or knowingly uses, conceals, or abandons the property in such
manner as to deprive the owner of the property; or
(c) uses, conceals, or abandons the property knowing such use, concealment,
or abandonment robably will deprive the owner of the property.
NOTE: Your spouse cannot take or dispose of property which is in your name
without your consent. However, he or she can take and dispose of household
and personal effects while you are living together. If you have ceased living
together, taking, and disposing of household and personal effects normally
accessible to both of you is theft.
Violation of Privacy in Communications.
(1) A person commits the offense of violating privacy in communications if he
knowingly or purposely:
(a) with the purpose to terrify, intimidate, threaten, harass, annoy, or offend,
communicates with any person by telephone and uses any obscene, lewd,
or profane language, suggests any lewd or lascivious act, or threatens to
inflict injury or physical harm to the person or property of any person (the
use of obscene, lewd, or profane language or the making of a threat or
lewd or lascivious suggestions in prima facie evidence of an intent to
terrify, intimidate, threaten, harass, aimoy, or offend).
13
YOUR CHILDREN:
Endangering the welfare of children.
(1) A parent, guardian, or other person supervising the welfare of a child less than
16 years old commits the offense of endangering the welfare of children if he
knowingly endangers the child's welfare by violating a duty of care, protection,
or support.
(2) A parent or guardian or any person who is 18 years of age or older, whether or
not he is supervising the welfare of the child, commits the offense of endanger-
ing the welfare of children if he knowingly contributes to the delinquency of a
child less than 16 years old by:
(a) supplying or encouraging the use of intoxicating substances by the child;
or
(b) assisting, promoting, or encouraging the child to:
(i) abandon his place of residence without the consent of his parents or
guardian;
(ii) enter a place of prostiution; or
(iii) engage in sexual conduct.
(4) On the issue of whether there has been a violation of the duty of care, protec-
tion, and support, the following, in addition to all other admissible evidence, is
admissible: cruel treatment; abuse; infliction of unnecessary and cruel aban-
donment; neglect, lack of proper medical care, clothing, shelter, and food; and
evidence of past bodily injury.
(5) The Court may order, in its discretion, any fine levied or any bond forfeited
upon a charge of endangering the welfare of children paid to or for the benefit
of the person or persons whose welfare the defendant has endangered.
NOTE: If your husband has ever been charged with endangering the welfare of
children be sure to tell the police.
Custodial interference.
(1) A person commits the offense of custodial interference if, knowing that he has
no legal right to do so, he takes, entices, or withholds from lawful custody any
child, incompetent person, or other person entrusted by authority of law to the
custody of another person or institution.
(2) A person convicted of the offense of custodial interference shall be imprisoned
in the state prison for any term not to exceed 10 years.
(3) A person who has not left the state does not commit an offense under this
section if he voluntarily returns such person to lawful custody prior to arraign-
ment. A person who has left the state does not commit an offense under this
section if he voluntarily returns such person to lawful custody prior to arrest.
NOTE: Montana, along with 49 other states, have adopted the Uniform Child Cus-
tody Jurisdiction Act. The purpose of the Act is to set standards for deter-
mining which state has jurisdiction, (the legal authority), to determine who
gets custody of the children. Under the Act, if your state has been your
child's home state within the six months before you began custody proceed-
ings your state has jurisdiction to decide who gets custody, even if their
father has taken them to another state.
14
LEGAL DEFINITIONS
1. Preliminary Hearing: A hearing held before a justice of the peace to determine if
there is probable cause to beheve a felony has been committed and the person
accused has committed it. If this is found, information is filed in the district court.
2. Arraignment: A court proceedings at which the defendant is formally charged and
he/she enters a plea of guilty or not guilty. No evidence is presented at this time.
The victim may be present.
3. Plea Bargaining: A process whereby the defendant agrees to plead guilty and the
prosecutor agrees (1) to reduce the charge to another carrying a lesser penalty; (2)
to dismiss some of the charges; or (3) to recommend a particular sentence to the
judge. A prosecutor should consult with the victim concerning any plea arrange-
ment.
4. Arrest Warrant: After a complaint or information has been filed, the judge or
justice of the peace issues an order for the police or sheriff's deputies to find,
detain and bring the person accused to answer the charges. Within 24 hours after
arrest, the accused person is brought before the court for an initial appearance
where the accused is advised of the charge, advised of his rights, bail is set, and an
attorney is appointed if necessary. An arraignment is set at this time.
5 . Continuance: This simply means a postponement to a later date or time or a court
action. Continuance may be granted for any of several reasons, for example, an
overcrowded court calendar, an attorney who has not had time to prepare, an
essential witness who cannot be in Court at the scheduled time for a valid reason,
and so forth.
6. Deferred Prosecution: After an arrest and even after a charge has been filed, the
prosecutor may agree to defer prosecuting the charge futher upon the defendant
agreeing to obey certain conditions. If the defendant obeys the conditions, the
charge is dismissed, but if not, he is tried.
7. Sentence: After a person has been convicted by a jury or pleaded guilty, the judge
or justice of the peace imposes a sentence. The court has several options. The judge
or justice of the peace may require imprisonment up to the legal maximum and/or
execution of the sentence, in whole or in part, for a period of time upon the
performance by the defendant of certain conditions. If the defendant does not
obey the conditions, he is arrested and the sentence is executed.
Finally, the judge or justice of the peace may choose to defer or put off imposing
a sentence for a period of time during which the defendant must obey certain
conditions. If the defendant performs the conditions, he can appear at the end of
the deferment and ask that the charges against him be dismissed which is done. If
he violates the conditions, he is arrested and a sentence is pronounced. Generally,
persons who have not violated the law before have deferred impositions of sen-
tence.
15
CASE STUDY
Mrs. R., 31 years old, is four months pregnant. She has spent the evening with her
two small children worrying about her husband who hasn't come home. It's 10:00 on a
Friday night, March 19.
She turns off the news, hears a knock, opens the door and sees her husband. Before
she can get to the back door he is coming at her, drunk and angry, accusing her of being
with another man. He searches the house waking the children. The two little boys
scream as they see their father kick Mrs. R. in the stomach and hold a butcher knife at
her throat. He then stabs a chair several times, threatening suicide. Finally he pushes
Mrs. R. against the refrigerator, bumps her head against it several times. She passes out
on the floor while he chokes her.
She calls the crisis line and the police and eleven minutes later the police arrive and
send her to the hospital in an ambulance. Mr. R. is taken to jail and charged with the
misdemeanor of simple assault.
He is out of jail the next day. Later Mrs. R. hears he is threatening to kill her. She
obtains a Temporary Restraining Order (TRO) and decides to get a divorce. After some
financial difficulties she gets a lawyer on April 13, 1977 and on April 15 files a criminal
complaint of assault and destruction of private property against her husband for the
March 19 incident.
She alternately wants her husband back and hates him. He contributes nothing in
terms of support — she leaves a good paying job — and goes on welfare — 8 months
pregnant. He demands to see the children, finally kidnapping the oldest. The child is
later rescued from a bar where his father had taken him.
One and a half years later the divorce is final. She has custody of her children and
child support payment. She has been to court five times accompanied by crisis line
advocates from the local woman's center.
Mrs. R. was in supportive counseling. Counseling was also available for her hus-
band, though he did not utilize it. She received the advocacy and help she needed to
pursue court process, and create a safer life for herself and her children. She states she
could not have done this without outside assistance.
BUT SHE IS HAPPY, INDEPENDENT AND SAFE — HER
STRUGGLE IS PRINTED HERE BECAUSE PERHAPS SHE IS
NOT UNLIKE YOU — YOU MAY HAVE TO LEAVE SEVERAL
TIMES BEFORE YOU CAN "MAKE IT", YOU MAY HAVE TO
GO INTO COUNSELING WITH OR WITHOUT YOUR MATE
TO LEARN TO LIVE A NEW LIFE. DOMESTIC VIOLENCE IS
THE FASTEST GROWING CRIME IN THE COUNTRY — YOU
ARE ONE OF THOUSANDS. BE STRONG — OPTIONS AND
RIGHTS ARE YOURS TO EXPLORE AND USE.
This handbook was edited by staff from Community Services Division, SRS. Special
thanks to attorneys Carol Mitchell, Randi Hood, Leslie Taylor and Carroll Blend for
their valuable legal consultation.
16
NOTES
3,000 copies of this public document were published at an esti-
mated cost of 45(p per copy, for a total cost of $1,339.70, which
includes $1,339.70 for printing and $.00 for distribution.
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